GURDEV SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both the accused-appellants have filed this appeal under sub-section (2) of Section 274, Cr.P.C. challenging the judgment of conviction and order of sentence dated 11.8.1998 delivered in Sessions Case No. 68/97 by the Special Judge, NDPS Cases, Hanumangarh. By the impugned judgment, the appellants were convicted under section 8 r/ w Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and each of them were sentenced to 10 years' rigorous imprisonment along with fine of Rs. 10 Lacs, in default of payment of fine to further undergo one year's simple imprisonment.

(2.) I have perused the impugned judgment as also evidence, ocular and documentary, available on the file and have heard Shri Sandhu, learned counsel for the appellants, as also learned Public Prosecutor, at length.

(3.) The brief facts as disclosed by the prosecution are that at 4.00 p.m. on 18.4.1996, at the bus-stand of village Chahiya, PW 8 Hardeep Singh, SHO, Police Station, Rawatsar, received a secret information Ex.P /17 and in consequence thereof, upon search of both the accused-appellants, found 10 kg. of poppy husk with each of the accused-appellants. They were not holding any license to keep the narcotic, therefore, samples were drawn from each recovery, the narcotic was seized and sealed in the presence of attesting witnesses - PW 1 Sishupal and PW 2 Tejpal. A joint seizure memo Ex.P/4 was prepared and after necessary investigation, both the accused-appellants were framed before the Court below, where on behalf of prosecution 8 witnesses were examined and 20 documents were exhibited.